LRislamabad

2008 CLC 418 Suit for permanent injunction is not maintainable unless plaintiff shows some right, title and interest in suit property.. 2008 CLC 1328 In a suit for partition, plaintiff was permitted to repair or construct new house upon his own risk and cost after submitting affidavit. PLD 2012 Sindh 443 When order of any […]

S. 302–Appreciation of evidence–It would be “Better to err in acquittal than to err in conviction”. Administration of Justice– —-S. 302–If participation of same of accused is found suspicious, search for real offender on basis of a guess, game would have inherent risks, as possibility of an error cannot be eliminated altogether and thus may

Following principles are laid by High Court for grant of “Physical Remand”. (1) During first 15 days, the Magistrate may authorise the detention of the accused in judicial custody liberally but shall not authorise the detention in the custody of the police except on strong and excep¬tional grounds and that too, for the shortest possible

High Court had the Power to Quash FIR but that was to be Exercised in extra Ordinary Circumstances when No offence was made out on the face of the record or other Circumstances of the Similar Nature. High Court could not investigate the disputed Question of facts while exercising Constitutional Jurisdiction. 2018 PCr.LJ 1051

Protection against arbitrary or unlawful arrest (Article 22 of the Constitution and Section 41, 55 and 151 of Cr.P.C.) Protection against arbitrary or unlawful searches (Sec. 93, 94, 97, 100(4) to (8). and 165 of Cr.P.C.) Protection against “Double Jeopardy” (Article 20(2) of the Constitution and Section 300 of Cr.P.C.) Protection against conviction or enhanced